05-28-51 Council Meeting Minutes

Home Browse Search

REGULAR MEETING MAY 28TH, 1951 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, May 28th, 1951, at 8:05 P.M., with all members present. President Niezgodski presided. REPORT OF COMMITTEE ON MINUTES_ To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes, would respectfully report that they have inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Meeting of May 14th, 1951. (Signed) CLEM NIEZGODSKI ) " A. KEMPER ) Committee " STANLEY C. KORPAL } Councilman Kemper made a motion that the report be accepted. Councilman Erler seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THE SUM OF NINE HUNDRED ($900.00) DOLLARS, TO THE ENGINEERING DEPARTMENT, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Kemper made a motion that':the ordinance be referred to the Committee of the Whole for public hearing on June 11th, 1951 at 8 :00 P.M. Councilman Glass seconded the motion. Motion carried. UNFINISHED BUSINESS- City Attorney Frederick K. Baer reported the following relative to compulsory car safety inspection which was brought up at the May 14th meeting: The Common Council of the City of South Bend South Bend, Indiana Gentlemen: Pursuant to your request, I have investigated the question whether a city may adopt an ordinance making it compulsory for the owners of all motor vehicles to have their cars inspected. In 1939 a Uniform Act regulating traffic on highways of Indiana was adopted, same being Chapter 48 of the Acts of that year found in Burns 47 -1801, et seq. Sections 157 and 158 of that year, as amended, found in Burns 1949 supplement 2301 make it unlawful to operate a motor vehicle not in good working condition. Section 119 et seq., same being Burns 27 -201 provides what equipment is necessary and in what condition it must be kept. Ingthe volumes.of .the opinions of the Attorney General for the year 1939 on page 271, is an opinion to the effect that a city may not pass an ordinance requiring compulsory motor vehicle inspection and providing a fee therefor. Although this 1939 Act has been frequently amended, I am unable to find anything which would tend to invalidate the opinion of the then Attorney General. Furthermore, it is to be noted that Section 78 of Chapter 169 of the Acts of 1905, same being Burns Section 9 -2402, provides in substance that a city may not enact by ordinance the requirements of any state statutes. Section 379 Chapter 304 of the Acts of 1945, as amended by Chapter 86 of the Acts of 1947, provide as follows:. "No owner of any motor vehicle except the owner of trucks or other motor vehicle or motor vehicles used in transporting passengers or property for hire who shall have obtained a certificate of registration under the provisions of this Act, as herein - before provided, shall be required to pay another license fee whatsoever, or to obtain any other license or permit to use or operate any such motor vehicle on the public highways nor shall any such owner be required to display upon such motor vehicle any other number than that issued by the department." Section 47 -2614, Burns 1949 Cumulative Pocket Supplement. My answer, therefore, to the specific question presented by the Common Council is to the effect that the city cannot enact such an ordinance. In connection with the foregoing, I would like to call to your attention Section 47- 2301 -and 2302, Burns Indiana Statutes, which provides that FKB :;mr "Any police officer may at any time upon reasonsable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be appropriate." Very truly yours, (Signed) FREDERICK K. BAER, Corporation Counsel There being no further business, Councilman Glass made a motion to adjourn, which motion was seconded by Counci Erler. Motion carried, and Council adjourned at 8:20 P.M. ATTEST: CL APPROVED: PRESIDENT EW- n041 NEWWW" :, 'F I